


Volenti Non Fit Injuria

by LaughingThalia



Series: Coda [5]
Category: The Orville (TV)
Genre: (implied) - Freeform, (sort of), Accidental Drug Use, Accidentally High, Alien Biology, Alien Sex, Aliens Made Them Do It, Consent Issues, Drug Use, Dubious Consent, Episode: s01e09 Cupid's Dagger, Extremely Dubious Consent, F/M, Gay Sex, M/M, Non-Consensual Drug Use, Pheromones, Rape/Non-con Elements, Sex Pollen
Language: English
Status: Completed
Published: 2017-11-16
Updated: 2017-11-16
Packaged: 2019-02-03 09:31:30
Rating: Teen And Up Audiences
Warnings: Rape/Non-Con
Chapters: 1
Words: 715
Publisher: archiveofourown.org
Story URL: https://archiveofourown.org/works/12745632
Author URL: https://archiveofourown.org/users/LaughingThalia/pseuds/LaughingThalia
Summary: ---"I didn't know you were..."------"I'm notintohim!"---...--Darulio knew what was going on. Ed Mercer, not so much. Do pheromones count as 'under the influence'?----Because I think they do and that means Captain Ed Mercer of The USS Orville was raped and the show kind of ignored it in favour of the Ed/Kelly dynamic.--





	Volenti Non Fit Injuria

**Author's Note:**

> The Orville took 'sex pollen' and 'Aliens made us do it' to a whole new level.  
> Like this ep was craa a a a a A A A A Z Y!
>
>>   
> ** **Volenti Non Fit Injuria**  
>  "to a willing person, injury is not done"  
> https://en.wikipedia.org/wiki/Volenti_non_fit_injuria  
> a common law doctrine which states that if someone willingly places themselves in a position where harm might result, knowing that some degree of harm might result, they are not able to bring a claim against the other party in tort or delict.
> 
>   
> Technically has nothing to do with this because this is a consent issue not a putting yourself in harm's way issue but it sounded cool and is a legal term and it's in Latin and none of the consent laws have cool names, they're just called like age of consent and other bland stuff. Why can't everything be named like the amendments are, they have cool names. 

Ed lay in his bunk thinking about Darulio. 

He'd done that before of course, although usually it was with burning hatred and of what he should have done to him when he found him in his bed with Kelly.

Now it was with... embarrassment.

He'd been in love with Darulio. He'd had sex with Darulio. It made him sick. He wasn't homophobic or xenophobic, he'd slept with aliens before Kelly and Bortus was _(technically?)_ gay, no it was nothing like that. But Ed wasn't gay. He never would have slept with Darulio, or any guy for that matter, if his judgement hadn't been so drastically impaired. And he certainly wouldn't have been the bottom.

He felt... raped. Darulio had known about the pheromone he secreted and hadn't even worn gloves, yet alone tell anyone about it. His recklessness had almost caused a war and if that had happened people would die and The Admiral would be up his ass about what the hell happened. How would he have explained he was trying to court the man his wife cheated on him with?

 _Oh God._ a thought washed over Ed and he felt like he was drowning. He would have to tell the Admiral about this. Darulio's species' pheromones would have to be logged for future missions so this didn't happen again and then they would ask him how he knew and then he would have to file his report from this mission and then they would know he had tried to date Darulio.

He would have to log their sex because they were both Union employees on a mission and they had a personal connection through Kelly. The other Captains would laugh at him. Everyone would laugh at him. He already got enough crap for that year he'd been a mess, his choice of pilots and John's screw up with that statue and that damned voting planet and now THIS?

If it had been alcohol, it would have been rape. If it had been drugs, it would have been rape. Does freaking _sex pollen_ of all things count as rape? He said he'd drop it with Darulio, would never speak about it again and him filing this correctly would mean it would never happen again but Darulio was still out there wandering around a free man with his pheromones and his blue head goo and his-ugh. Ed wanted to scream.

It was bullshit. “This is bullshit.” He got up, marched to Kelly's room, burst in without bothering to knock and then declared to her “This is bullshit.”

“What?” She asked, putting down her book.

“Darulio! He knew what was going on and he didn't tell anyone! He put the whole mission in danger.”

“I though we weren't going to talk about it?”

“Well we still have to deal with them when they fall out of love and then the Admirals going to ask what the fuck happened and we're going to have to file our honest reports.”

“It was a pheromone. They'll understand.”

“I'm a joke! I'm a Joke Kelly! The other Captains laugh at me, you know that. I'm going to have to write this up and I'm going to have to say that I fucking slept with Darulio and everyone's gonna laugh some more!”

“Wait. You had sex with Darulio?!”

“Oh I'm sorry,” he said sarcastically “are you jealous? Are you the only one of us who gets to have sex with Darulio?”

“No! Ed! You're not gay!”

“I know that!”

“And you don't even like Darulio, you would never have slept with him, drunk, high, passed out on the floor you wouldn't have done it by choice.”

“Well apparently I did.”

“That wasn't a choice Ed!” He voice cracked “That was rape!”

Ed looked away.

“You have to report him for _that_.”

Ed looked at the floor and mumbled “Then I'll be the Captain who got raped.”

“Ed what he did was wrong-”

“Kelly, this can't get out.”

“But the write up-”

“I'll leave it out. It's not mission critical.”

“Ed you should report him.” Kelly said, placing a hand on his cheek the way she used to when he was tired or angry or sad.

“Please don't make me.”

Kelly looked at him sadly “I won't” She said quietly “I won't.”

**Author's Note:**

> BTW I don't think rape victims should stay silent. If they feel raped and they weren't in the right state to consent you should definitely tell somebody.


End file.
